Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1887-03-27
A VExED QUESTION.
Two Trustees or one to be Elec-
ted at the Coming School
Election
Lawyers Disagree and the Trus-
tees Placed in a Pecu-
liar Predicament
What the Local Man Gathered
tor Sunday D:ssemina-
tion-A Fly Hen.
THE SCHOOL ELECTION.

Some suggestions as TO Its Proper Conduct.
The coming school election bids fair
to raise some questions that will be
difficult tofsettlement. The question as
to whether or not there are two vacan-
cies TO be filed In the voard, 10 one
that We have already adverted to.
We understand that the leading coun-
sci in town are divided In opinion on
the question. Messrs. Strevell 4 Gar
lock maintaining the position that
the new law legislates Capt. Harmon
out OF Office, while Andrew Burleigh
holds the contrary opinion. We un-
derstand that Judge Wade has made q
decision agreeing with the latter view
Of the case, though the fact Of it's hav-
ing been made before the school law
was amended robe II Of some Of Its
application to the case in point,
but nevertheless. we fail to see how
u amendments can be construed TO
affect an appointment that was made
six months before they were enacted.
There is no provision In the amended
law making II retroactive. or repeal
ing any acts or parts Of acts that may
be In conflict with 1t, and TO those
who take the law as II reads, there
would seem to be no tenable ground
for the belief that Mr.. Huffman's
term, now being filled by Capt. Har-
mon under appointment, and which
has still one year to run, becomes va.
cant at this election. However. IL
laws all meant just what they read,
and were incapable Of being twisted
there would be small need for lawyers.
The trustees having adopted the
view that there were two vacancies to
be filed, have given the necessary
legal notice for an election of two trus-
tees, one Of whom shall be voted for
for the long term-three years-and
the other for the short term, or one
year. On the trustees, as judges ol
election, will therefore devolve the
duty of deciding who among the can.
didates-if there be more than two
shall be the chosen ones. AS in all
probability there will be no nomina'
tions for long and short term, and as
the majority Of ballots cast will prob
ably fail to specify for wha: term
the candidate Is voted for, IL follows
that the decision OF the trustees
Is likely to be attended with some
difficulties. The natural and most in.
telligent way TO reach q decision
would he tO give notice that all can
didates be voted for without designat
ing the term Of Office and then declare
the one receiving the largest number
Of votes elected for the long term. and
the next highest candidate elected fol
the short term. Such course would
clearly express the views Of the peo
pie, as clearly the two candidates whc
receive the largest number Of vote
are the ones whom the people desir'
to honor with the offices. But from
the fact that one of the school boart
yesterday requested US to give notice
which we now do-thst 1t is their de
sire that all candidates have expresse'
In their ballots the term for whicl
they are running, II would seem ths
the plan suggested, and which
usually followed In like cases, Is moi
In this election. TO be observed. Al
objection to the plan to oe adopted b
the board is that all the desirable can
didates may be pitted against eac
other for the long term, thus weaken
ing support, enabling an objectionabl
candidate with asolid support to com
In and win either the long or shor
term, and while this does not seen
probable at this writing. there Is n
telling what the week may brinI
forth. At present candidates are not
ably scarce. hut the under-current o
interest that Is being taken In tn
issue is more than likely TO bring NOR
pegs to the surface before election thai
there are holes. to I'LL. We are, how
ever, of the opinion that the Interest,"
of the public would be best subservee
by allotting to the two highest candl
dates the ty o Offices as indicated abov'
and letting the contest rest solely oil
the merits of the candidates.